EMINENT DOMAIN & VALUATION LITIGATION

Just Compensation and Value for Your Property Rights

For over 60 years, Sullivan, Workman & Dee, LLP has represented clients in the private, public, and non-profit sectors in all phases of California Eminent Domain Law from first notification, offer, and appraisal to settlement, mediation, or trial.

Eminent domain (also called Condemnation) is the power of governmental agencies to take private property for public use. Property and business owners are entitled to just compensation for the taking of their property interests including the fair market value of their real property, improvements, fixtures, and equipment. In addition, compensation can also include severance damages, loss of business goodwill, relocation assistance, and other claims. Each condemnation case is unique and some may touch on other related areas including the California Environmental Quality Act (CEQA), real estate law, zoning and land use law, and landlord/tenant disputes.

What’s New in Eminent Domain?

Just Valuation and Compensation

The Recovery Process

“Just Compensation” is the recovery you are legally entitled to receive under state and federal law. Sadly, however, business and home owners without good legal representation can often walk away with a fraction of what they are entitled to receive.

Case in point: A client was offered $64,000 (based on the government’s appraisal) for 900 square feet of its car dealership property to make room for the widening of a freeway. The firm negotiated a settlement of $1,340,000 for loss of business goodwill, severance damages, and other compensation.

Our attorneys have handled thousands of eminent domain cases and work with expert consultants to help you maximize the value of your recovery.

You may be entitled to recover compensation for:

Value of the land taken

Severance damages caused by the taking or project if only part of your land is taken (includes damages from access impairment, resulting size and shape, loss of frontage, increased cost to develop, vibrations, noise, etc.)

Value of improvements, fixtures, machinery, and equipment installed on the land taken

Value of leasehold interests taken

Loss of or damage to business goodwill caused by the taking

Accrued interest

Relocation benefits

Attorneys and appraiser fees, other litigation expenses, and court costs.

Valuation

Facing an eminent domain situation, aside from the inconvenience involved and perhaps a personal attachment to a specific property, the main concern of most people is compensation. There are innumerable instances of public and quasi-public entities armed with the power of eminent domain providing only minimal compensation to those affected.

That’s where valuation comes in. Courts can and should look at all the evidence – not just what the government says something is worth. In an ideal situation, an adjacent and nearly identical property that had just been sold would provide a clear, credible answer to the question: what is my property worth? In fact such an example is very rare. Thus, those trying to value a property accurately and fairly should consider a wide range of evidence, including unknowns such the potential to be rezoned and/or developed to a “higher and better” use.

Valuation Litigation

When you’re up against a entities with ample or creative resources, you need experienced litigators and negotiators on your side. In addition to the overall value of the property, we represent our clients in the areas of:

Leases and tenant disputes

Zoning, planning, and easement issues

Lot line and boundary disputes

Establishing lost business goodwill (including impact on operating expenses, loss of patronage, or relocation to a less favorable site)

Liens, loans, and deed restrictions

Get Started Early

Private businesses and homeowners facing condemnation and valuation litigation are up against eminent domain experts and should seek legal counsel early in the process.

Even before lawsuits are filed, we represent our clients at public hearings before planning commissions, city councils, boards of supervisors, and related state and federal boards and commissions if necessary.

We are veterans in pre-condemnation strategies to achieve multi-million dollar settlements or jury verdicts for our clients. When it comes to eminent domain, whether the client or claim is large or small, we know what we are doing.

Types of Properties Represented in Eminent Domain Cases:

Auto and truck dealerships

Automotive repair

Banks and other financial institutions

Bars and social clubs

Churches and other religious communities

Cities and counties

Commercial and industrial properties

Convenience stores

Charities and foundations

Fast food chains

Farms and orchards

Food processing facilities

Gas stations (chain and independent)

Golf and country clubs

Grocery stores (chain and independent)

Apartment and condominium complexes

Hotels and motels

Hospitals

Manufacturing and distribution facilities

Malls and shopping centers

Museums

Office buildings and parks

Oil companies

Paint stores

Parking facilities

Ranches

Restaurants (chain and independent)

Retail outlets

RV and Self-storage facilities

Schools

Single-family dwellings

Universities

Vacant land

Warehouses and packing facilities

Fees Should Not be an Issue in Eminent Domain Cases

We often represent our eminent domain clients on a contingency fee basis, where clients do not pay attorney fees unless we win.

We don’t need to be reminded how disruptive the COVID-19 era has been. Schools, businesses, and public facilities are closed. Some are working from home, others are working in high-risk…

*Disclaimer: Examples, anecdotal information and prior case summaries given on this website or blog are for illustrative purposes only.Every case or legal issue depends on its own facts, law, and the unique credibility of the witnesses involved.Any testimonials, endorsements, and examples do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.Attorney Advertising. This website/blog is designed for general information only. The information presented at this site and in this blog should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.For questions regarding information contained within this site/blog, please contact Karyn Jakubowski, Esq.